8/12/02
Americans with Disabilities
Act Notification: In
accordance with the Americans with Disabilities Act (ADA) and Section 504 of
the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not
discriminate on the basis of disability in the admission of or access to, or
treatment or employment in, its programs, activities, or services. For
information regarding rights and provisions of the ADA or Section 504, or to
request reasonable accommodations for participation in Town programs, activities,
or services contact the Town Clerk, 37622 N. Cave Creek Rd., Cave Creek, AZ
85331; (480) 488-1400.
NOTICE AND AGENDA
REGULAR TOWN COUNCIL MEETING
TOWN OF CAVE CREEK, ARIZONA
MONDAY, AUGUST 19, 2002
Notice is hereby given that the
Town Council of the Town of Cave Creek will hold an Executive Session during
its Regular Session, which begins at 5:30 p.m.
The Executive Session will be held to discuss those legal matters set
forth on the Executive Session Agenda set forth below, pursuant to A.R.S. Section
38-431.03(A) (3) and (4).
CALL TO ORDER 5:30 PM. Vincent Francia, Mayor, 37622 N. Cave Creek
Road, Cave Creek, AZ.
ROLL CALL Mayor Vincent Francia, Vice-Mayor Ralph
Mozilo, Council Members Bruce Flickinger, Gilbert Lopez, Grace Meeth, Shea Stanfield,
Jerry Whitmore.
EXECUTIVE
SESSION: An Executive Session will be held during the Regular Council
Session for legal matters pursuant to A.R.S. Section 38-431.03(A)(3) and (4) as
follows:
EXECUTIVE SESSION
AGENDA
1. Consultation
with the Town’s Attorneys for legal advice concerning liability issues and use
of executive session. A.R.S. Section 38-431.03(A)(3)
2. Consultation
with the Town’s Attorneys for legal advice and in order to consider the Town’s
position and instruct its attorneys regarding contemplated and/or pending
litigation. The executive session
discussion may include, but is not limited to possible settlement discussions
to avoid or resolve litigation regarding the following matters:
Southwest
Sands adv. Town of Cave Creek
Continental
Mountain Estates adv. Town of Cave Creek
A.R.S.
Section 38-431.03(A)(4)
3. Consultation for legal advice with the Town's
attorneys regarding
72nd Street abandonment; A.R.S.
Section 38-431.03(A)(3)
4. Consultation
for legal advice regarding effect of zoning ordinance
revisions on undeveloped and partially developed properties. A.R.S.
Section 38-431.03(A)(3)
Council
Action Needed: Motion to
convene into Executive Session.
The Public
Meeting will begin at 7:00 p.m. following the Executive Session.
PLEDGE OF
ALLEGIANCE
CALL TO THE
PUBLIC
Residents/Visitors
are encouraged to comment about any matter not included on the agenda. State
Law prevents the Council from taking action on items not on the agenda, except
to set them for consideration at a future date. Please limit your comments to three (3) minutes.
REPORTS – The
following reports are for Council discussion only. There will be no action taken except to set an item for Council
consideration at a future date.
1. Sheriff
Joe Arpaio will address Council regarding issues related to the Maricopa County
Sheriff’s Office operations in Cave Creek.
2. Monthly
status report by Town Marshal Adam Stein regarding his activities for the Town
of Cave Creek.
ACTION ITEMS
I. CONSENT AGENDA
There are no minutes for approval at this meeting.
Council Action Needed: Motion
to approve the items listed on the Consent Agenda.
II. GENERAL AGENDA ITEMS
If you wish to speak to the
Council about any item included on the agenda for action, please complete a
Request to Speak form and place it in
the box at the end of the staff table.
The Town Clerk will call your name at the appropriate time. Copies of any reports, photographs,
diagrams, charts, maps, or other materials presented to the Council must be
given to the Town Clerk for inclusion in the Official Town Record.
PAGE# ITEM#
P.1
1. PUBLIC HEARING AND APPROVAL OF
RESOLUTION R2002-14, ADOPTING THE PROPOSED GENERAL PLAN OF THE TOWN OF CAVE
CREEK AND ORDERING THAT THE PROPOSED GENERAL PLAN BE SUBMITTED TO THE QUALIFIED
ELECTORS OF THE TOWN OF CAVE CREEK FOR RATIFICATION AND PROVIDING NOTICE OF THE
PLAN AND SUCH SUBMISSION TO THE VOTERS AND PROVIDING FOR AN EFFECTIVE DATE
(This item was continued from the June 17, 2002 Regular Council Meeting.)
Placed on the agenda by the Planning
Department, Town of Cave Creek.
This
is a request for the Council to hold a public hearing, then approve a
resolution, which would adopt the proposed General Plan. The proposed General
Plan will amend the Land Use, Circulation and Open Space Elements. Several
elements will be added, including Transportation, Growth Area, Environmental
Planning, Cost of Development and Water Resources. The
resolution orders that the proposed General Plan be submitted to the qualified
electors of the Town of Cave Creek for ratification, provides notice of the
Plan and such submission to the voters and provides for an effective date.
Public Hearing
Council
Action Needed: Following the Public Hearing, motion to approve or
deny approval of Resolution R2002-14.
PAGE# ITEM#
P.4
2. RECOMMENDATION FOR APPROVAL OF A PERSON
TRANSFER OF A #7 BEER AND WINE BAR LIQUOR LICENSE
Placed on the agenda by the Town
Administration, Town of Cave Creek
This
is a request for the Council consideration of recommending approval or denial
of a Person Transfer of a #7 Beer and Wine Bar Liquor License requested by Paul
Raymond Goeke, as agent for Cruisers, 6554 E. Cave Creek Rd., #14, Cave Creek,
Arizona.
Public Comment
Council
Action Needed: Motion to
recommend approval or denial of the liquor license.
P.5
3. APPROVAL OF SECOND READING OF ORDINANCE
O2002-32 LEVYING UPON THE ASSESSED VALUATION OF PROPERTY WITHIN THE TOWN OF
CAVE CREEK, ARIZONA, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED
DOLLARS ($100.00) OF SECONDARY ASSESSED VALUATION SUFFICIENT TO RAISE THE
AMOUNT NECESSARY TO PAY PRINCIPAL AND INTEREST ON, AND REGISTRATION COSTS OF,
OUTSTANDING GENERAL OBLIGATION BONDS OF THE TOWN (SPUR CROSS RANCH), LESS THE
AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; ALL FOR THE
FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2003 AND DECLARING AN
EMERGENCY
Placed on the
agenda by the Town Administration, Town of Cave Creek
This
is a request for Council to give second reading to Ordinance O2002-32 levying
upon the assessed valuation of property within the Town of Cave Creek a certain
sum upon each one hundred dollars ($100.00) of valuation, and declaring an
emergency.
Public Comment
Council
Action Needed: Motion to approve or deny the
second reading of Ordinance O2002-32.
PAGE# ITEM#
P.7
4. APPROVAL OF RESOLUTION R2002-27
AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO A LEASE
AGREEMENT AND A FIRST SUPPLEMENT TO TRUST AGREEMENT PERTAINING TO THE TOWN’S
EXISTING LEASE-PURCHASE OF THE TOWN HALL SITE TO FINANCE THE PURCHASE OF THE
PROPERTY COMMONLY KNOWN AS THE PHOENIX MINE SITE PROPERTY.
Placed
on the agenda by the Town Administration, Town of Cave Creek
This
is a request to introduce, discuss and, if desired, adopt a resolution
authorizing the execution and delivery of a first amendment to the lease
agreement and a first supplement to trust agreement pertaining to the Town’s
existing lease-purchase of the Town Hall site to finance the purchase of the
property commonly known as the Phoenix Mine Site Property.
Public Comment
Council
Action Needed: Motion to approve or
deny approval of Resolution R2002-27.
P.37
5. APPROVAL OF SECOND READING OF ORDINANCE
NO. O2002-31 AMENDING ORDINANCES O2002-02, O2002-06, O2002-07 AND O2002-14 BY
PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2002, AND DECLARING AN
EMERGENCY
Placed on the
agenda by the Planning Department, Town of Cave Creek
This
is a request for Council to consider giving Second Reading to an ordinance that
would amend Ordinances O2002-02, O2002-06, O2002-07 and O2002-14 to change the
delayed effective date from September 1, 2002 to November 1, 2002, and declares
an emergency.
Public Comment
Council
Action Needed: Motion to approve or
deny giving second reading to Ordinance O2002-31.
PAGE# ITEM#
P.39
6. APPROVAL OF SECOND READING OF ORDINANCE
O2002-27 AMENDING THE TOWN CODE OF THE TOWN OF CAVE CREEK BY AMENDING CHAPTER
151 BUILDING REGULATIONS, SECTION 151.05 FIRE CODE, ADOPTING THE 2000
INTERNATIONAL FIRE CODE AND REPEALING ORDINANCE O2000-05
Placed on the agenda by the
Building Department, Town of Cave Creek
This
is a request for the Council to give Second Reading to an ordinance that would
amend Chapter 151, Building Regulations, Section 151.05 of the Town Code and
repeal Ordinance O2002-05.
Public
Comment
Council
Action Needed: Motion to approve or deny giving Second Reading to Ordinance O2002-07.
P.60
7. PUBLIC HEARING AND APPROVAL OF
RESOLUTION R2002-25 GIVING NOTIFICATION TO MARICOPA COUNTY BOARD OF SUPERVISORS
INDICATING THE TOWN DESIRES TO BECOME A PART OF THE COUNTY FREE LIBRARY
DISTRICT AND APPROVAL OF RESOLUTION R2002-26 AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND MARICOPA COUNTY FOR THE
PROVISION OF CERTAIN LIBRARY SERVICES AND REIMBURSEMENTS
Placed of the agenda at the
request of Staff on behalf of the Desert Foothills Library Association Board of
Directors
This
is a request from the Board of the Desert Foothills Library Association that
the Town takes the necessary action to become a part of the Maricopa County
Library District. This requires Council to take action to notify the County
Board of Supervisors that the Town desires to become a member of the Library
District and requires the Council to approve an Intergovernmental Agreement
between the Town and Maricopa County for certain library services and
reimbursements.
Public Hearing
Council
Action Needed: 1)
Following the Public Hearing, motion to approve or deny approval of Resolution
R2002-25.
2) Motion to approve or deny approval of Resolution
R2002-26.
PAGE# ITEM#
P.74
8. APPROVAL OF TOWN MANAGER’S EMPLOYMENT
AGREEMENT
Placed on the agenda by the Town
Administration, Town of Cave Creek
This
is a request for the Council to approve an Employment Agreement with the Town
Manager.
Public Comment
Council
Action Needed: Motion to approve or deny
approval of the agreement.
P.85
9. APPROVAL OF RESOLUTION R2002-24
ESTABLISHING AND ADOPTING PLANNING AND ZONING REVIEW FEES FOR EXCEPTION
REQUESTS
Placed on the agenda by the
Planning Department, Town of Cave Creek
This
is a request for the Council to approve a resolution that establishes and
adopts Planning and Zoning Review Fees for exception requests.
Public Comment
Council
Action Needed: Motion to approve or deny
approval of Resolution R2002-24.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of
August, 2002
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk